Senate Bill No. 134
(By Senators Oliverio, Prezioso, Sharpe, White, McKenzie,
Buckalew, Hunter, Minear, Bowman, Anderson, Helmick, Kimble,
Ross, Snyder, Schoonover, Ball, Sprouse, Dugan, Chafin, Jackson,
Wooton, Walker, Dittmar, Bailey, Tomblin, Mr. President, )
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[Introduced February 26, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article eight-d, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
four-a, relating to child neglect and creating a criminal
offense for any parent, guardian or custodian whose neglect
causes the death of a child.
Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
four-a, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-4a. Child neglect resulting in death; criminal penalties.
If any parent, guardian or custodian shall neglect a child
and the neglect is the proximate cause of the death of a child,
then the parent, guardian or custodian is guilty of a felony and,
upon conviction thereof, shall be fined not less than one
thousand nor more than three thousand dollars and shall be
imprisoned for not less than one nor more than ten years.
NOTE: The purpose of this bill is to create a criminal
offense for the death of a child caused by neglect.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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